HBA-MPM H.B. 963 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 963
By: Jones, Delwin
Natural Resources
6/7/1999
Enrolled



BACKGROUND AND PURPOSE 

The filling of playa lakes by contractors in Lubbock, Texas creates
flooding problems for some areas of the city.  H.B. 963 authorizes the
governing body of a home-rule municipality with a population of 185,000 or
more, as a method of stormwater management, to regulate the filling of a
playa lake within the municipality's extraterritorial jurisdiction as a
means for the effective management of storm water runoff to prevent harmful
flooding or excess surface water. Furthermore, this bill prohibits
regulations adopted under this Act from interfering with certain
agricultural practices.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 401, Local Government Code, by adding Section
401.004, as follows: 

Sec. 401.004.  PROTECTION OF PLAYA LAKES BY CERTAIN HOME-RULE
MUNICIPALITIES.  (a)  Defines "playa lake" as a natural saucer-like
depression in the topography, typically having a clayey bottom that is
normally located in an arid or semiarid part of the state and collects
runoff from rain but is subject to rapid evaporation.  Provides that this
term includes all areas within the basin projected to be inundated by
pooled storm water runoff, as determined by an engineering analysis
performed according to the specific requirements adopted by and in effect
for a municipality. 

(b)  Authorizes the governing body of a home-rule municipality with a
population of 185,000 or more to regulate the filling of a playa lake
within the municipality's extraterritorial jurisdiction as a means for the
effective management of storm water runoff to prevent harmful flooding, or
excess surface water. 

(c)  Prohibits a regulation adopted under this section from interfereing
with normal agricultural practices, including moving soil, berming for tail
water reuse, plowing, seeding, cultivating, and harvesting for the
production of food or fiber; or prohibiting any practice or activity that
does not decrease the water holding capacity of a playa lake.   

"Berming" is defined as creating a strip of ground along a dike or creating
a mound of earth; and "tail water" is defined as water below a dam or
water-power development or excess surface water draining, especially from a
field under cultivation (paraphrased, Merriam-Webster's Collegiate
Dictionary, Tenth Edition). 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.